Business Law

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FEATURED News

The S.E.C. is hiring 800 new employees … and they want to spend an evening with you
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From the SEC: Tuesday, September 28, 2010: “An Evening with the SEC” You are cordially invited to attend a panel discussion and networking event at the Securities & Exchange Commission. This is an opportunity for you to hear from... more

	Most Recent Articles
	CFTC Signs Statement of Intent with Japanese Regulators Katten Muchin Rosenman LLP The Commodity Futures Trading Commission has signed a Statement of Intent (SOI) Concerning Cooperation, Consultation and the Exchange of Information with the Ministry of Economy, Trade and Industry of Japan (METI) and the Ministry of...... more
	New York State Amends Power of Attorney Law Sheppard Mullin Richter & Hampton LLP On August 13, 2010, New York State Governor David Paterson signed into law amendments to New York's Power of Attorney Law (A.8392-C/S.7288-A) (the "2010 Amendments"). The 2010 Amendments become effective September 12, 2010 and will be...... more
	Contractors Can Recover for Public Agency's Failure to Disclose Material Information Sheppard Mullin Richter & Hampton LLP In a recent decision the California Supreme Court expanded the implied warranty of specification suitability to include claims for a public agency's failure to disclose material information. In doing so it resolved a split in the...... more

	Latest Filings and Decisions
	Hearts Bluff Game Ranch v. United States Order dismissing lawsuit for failure to state a valid property right Nancie G. Marzulla How you characterize the nature of your property right can make the difference between litigating your takings case and dismissal. In Hearts Bluff Game Ranch, the plaintiffs apparently claimed a property right in its intention to sell...... more
	In re GSC Group, Inc. Declaration of Peter Frank in Support of Chapter 11 Bankruptcy First Day Pleadings Randall Reese On Tuesday evening, GSC Group, Inc. and affiliates GSCP, LLC, GSC Active Partners, Inc., GSCP (NJ), Inc., GSCP (NJ) Holdings, L.P., GSCP (NJ), L.P., and GSC Secondary Interest Fund, LLC voluntarily filed for chapter 11 bankruptcy...... more
	Webster v. United States Order denying motion for reconsideration Nancie G. Marzulla Takings case involving that National Park Service was dismissed for failure to timely file the lawsuit, and the remaining claims were transferred to a federal district court in the Western District of Washington. But this case is of...... more

	Antitrust & Trade Regulation
	Convergence - Central America major telecommunications regulatory challenge Jose Romero Convergence is the major challenge posed by the telecommunications industry to regulatory authorities provided that the old paradigm of individualized services regulation may not serve modern market needs.... more
	Inter-American Dialogues: Latin America Advisor - Financial Services August 12-25 Michael Diaz Jr. - Diaz Reus International... In this Issue: FEATURED Q&A: Will Mexico's New Banking Sector Rules Have Their Intended Effect? Brazilian Regulator Formally Approves Itaú-Unibanco Merger Venezuelan Government Seeking Extradition of Prominent Banker Banorte...... more
	Orange Legal Technologies - An eDiscovery Update Rob Robinson Simple overview of Orange Legal Technologies - an electronic discovery provider that delivers collection, analytics, processing, review, and production services for law firms, corporations, and governments in support of litigation,...... more

	Business Torts
	Why Two District Courts Dismissed Valid Computer Fraud and Abuse Claims for Lack of Jurisdiction Nick Akerman Two federal district courts, one in Maryland and the other in Texas, dismissed what each court considered to be valid civil claims under the Computer Fraud and Abuse Act (“CFAA”). Title 18 U.S.C. § 1030. The CFAA is the federal...... more
	D&O, GRC and Accountant Update 8.28.10 Dave Tate D&O, GRC and Accountant Update 8.28.10, the new SEC proxy access rules, and links to articles of interest. Dave Tate, Esq. http://davidtate.us... more
	Aug '10 Newsletter Incl. 'No Wrriten Agreement? No Problem, Says NY Court' Law Offices of Jonathan Cooper The Law Offices of Jonathan Cooper's August 2010 Newsletter includes the following: Welcome to the August '10 edition of our newsletter! The articles in this edition of the Newsletter include the following articles: No Written...... more

	Finance & Banking
	Financial Services Report - Fall 2010 Morrison & Foerster LLP In this issue: 2 Beltway Report 4 Operations Report 6 Plastic (a/k/a Card Report) 6 Mortgage Report 8 Privacy Report 10 Arbitration Report 10 Preemption Report Please see full newsletter below for more information.... more
	FINRA Proposes to Reinstitute Short Exempt Marking for Trade Reporting and OATS Katten Muchin Rosenman LLP On August 20, the Securities and Exchange Commission published a notice that the Financial Industry Regulatory Authority proposes to adopt rule changes to its trade reporting and Order Audit Trail System (OATS) in response to recent...... more
	Dodd-Frank, Title II: Where the FDIC and the “Orderly Liquidation Authority” Meet the Bankruptcy Code Morrison & Foerster LLP The FDIC is currently responding to one of the worst financial crises in the history of the nation’s banking system. Sheila Bair, Chairman of the FDIC, expects that 2010 “will be the high water mark for the banking crisis.”1 Just over...... more

	Labor & Employment
	Prevailing Defendant Entitled to Fee Award Unrelated To Claims Seeking Unpaid Wages Barger & Wolen In Kirby v. Immoos Fire Protection Inc., 2010 DJDAR 11569 (2010) the Third Appellate District of the California Court of Appeal decided an appeal challenging an award of attorneys fees to an employer who successfully defended against...... more
	Ohio Education Law Monthly (September 2010) Dinsmore & Shohl LLP In This Issue: Department of Labor Issues Guidance on FMLA’s Definition of In Loco Parentis Ruling Continues Trend of Courts Strictly Construing Terms of Construction Contract *Overtime Lawsuit for Use of PDA's Hi-Lights...... more
	DOL Announces External Appeals Requirements Warner Norcross & Judd The Department of Labor has provided additional details on how external reviews are to be handled as they pertain to non-grandfathered health plans. Health care reform requires all non-grandfathered health plans to provide an...... more

	Mergers & Acquisitions
	Lions Gate Denies Bankruptcy Claim Darrin Mish, Tampa Tax Attorney Carl Icahn, the billionaire investor who is trying to buy out Lions Gate Entertainment Group, says that the company may be on the verge of bankruptcy. This allegation was vehemently denied by the movie studio who emphasized that they...... more
	China energy performance contracting update William Lu what are the key issues/roadblocks for the implementation of an energy performance contracting project in China? Recent legislations may have addressed these issues.... more
	What Steps Can Lead to a Reduction in a FCPA Fine? Thomas Fox Earlier this month, in the FCPA Blog, Bruce Hinchey discussed his upcoming publication, "Punishing the Penitent: Disproportionate Fines in Recent FCPA Enforcements and Suggested Improvements," which analyzes differences between bribes...... more

	Securities
	Stay of Discovery Under PSLRA Does Not Apply During All Motions to Dismiss Katten Muchin Rosenman LLP Plaintiff brought a claim for securities fraud against a medical device corporation and certain employees, officers and board members of the corporation. Several defendants (the moving defendants) filed motions to dismiss the...... more
	Venture Perspectives - August 2010: Quarterly Review of Series A Financings and Series B and Later Round Financings: Second Quarter 2010 Foley Hoag LLP Included in this Issue: •New England Series A Deal Activity •New England Series B and Later Round Deal Activity •Size of New England Q2 2010 Series A Transactions by Industry •Size of New England Q2 2010 Series B Transactions...... more
	SEC Adopts Mandatory Proxy Access Rule for Shareholder Director Nominations -- Applicable for 2011 Proxy Season Sheppard Mullin Richter & Hampton LLP On August 25, 2010, the Securities and Exchange Commission voted 3-to-2 along party lines to adopt a controversial proxy access regime to facilitate shareholders’ ability to nominate a limited number of candidates for election as...... more

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